Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Michigan Law Review

Discipline
Keyword
Publication Year
File Type

Articles 8701 - 8730 of 12807

Full-Text Articles in Entire DC Network

Administrative Law - National Labor Relations Board - Permissible Scope Of Cease And Desist Orders, Rex B. Martin May 1941

Administrative Law - National Labor Relations Board - Permissible Scope Of Cease And Desist Orders, Rex B. Martin

Michigan Law Review

The National Labor Relations Board found that the Express Publishing Company had refused to bargain collectively. Thereupon the board issued an order requiring the company: (1) to cease and desist refusing to bargain collectively; and (2) to cease and desist in any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid and protection as guaranteed in section 7 of the National Labor Relations Act. The circuit …

Go to article

Criminal Law And Procedure-Jury Trial- Directed Verdict Of Guilty- Michigan Rule, Michigan Law Review May 1941

Criminal Law And Procedure-Jury Trial- Directed Verdict Of Guilty- Michigan Rule, Michigan Law Review

Michigan Law Review

The defendant was convicted of negligent homicide as the result of a collision between his car and another, in which an occupant of the other car was killed. The trial court charged the jury, inter alia, "The court submits the case to you for your determination. The view of the court is that under the law there is only one verdict that can be found by the jury under the evidence in this case in its most favorable light." This was objected to by the defendant as error. Held, the instruction was in effect a direction of a verdict …

Go to article

Adoption -Trusts-Wills- Adopted Child's Right To Take Under A Trust For "Issue", Michigan Law Review May 1941

Adoption -Trusts-Wills- Adopted Child's Right To Take Under A Trust For "Issue", Michigan Law Review

Michigan Law Review

The settlor established a trust with himself, his wife, and his four children as beneficiaries. Under the trust deed the property was to vest in the "lawful issue" of the settlor's children on the death of his last surviving child. Held, that the term "lawful issue" included the plaintiff (an adopted child of settlor's daughter). Walker v. Obrien, (C. C. A. 9th, 1940) 115 F. (2d) 956, cert. den. (U.S. 1941) 61 S. Ct. 829.

Go to article

Bankruptcy - Corporate Reorganization - Absolute Priority Rule, Kenneth J. Nordstrom May 1941

Bankruptcy - Corporate Reorganization - Absolute Priority Rule, Kenneth J. Nordstrom

Michigan Law Review

-A plan for reorganization under section 77B of the Bankruptcy Act involved a debtor holding company and two subsidiaries. Each subsidiary had a bonded indebtedness which, including unpaid accrued interest, was in excess of the value of assets that were s

Go to article

Labor Law - Unincorporated Unions As Entities For The Purpose Of Being Made Parties Defendant, Rex B. Martin May 1941

Labor Law - Unincorporated Unions As Entities For The Purpose Of Being Made Parties Defendant, Rex B. Martin

Michigan Law Review

Union officials wrongfully discharged plaintiffs from the union. Plaintiffs, being unable to procure employment in a "closed-shop" trade, asked for a writ of mandamus to direct defendants, as representatives of the association, to reinstate plaintiffs and recompense them for damages suffered. Held, that a reinstatement order and a damage judgment against the union should be granted. Nissen v. International Brotherhood of Teamsters, etc., (Iowa, 1941) 295 N. W. 858.

Go to article

Judgments - Declaratory Judgments - Availability To Alleged Infringers In Patent Cases, Michigan Law Review May 1941

Judgments - Declaratory Judgments - Availability To Alleged Infringers In Patent Cases, Michigan Law Review

Michigan Law Review

In addition to an injunction and an accounting, the prayer of the plaintiff requested a declaratory judgment to determine the plaintiff's rights in relation to a patent of the defendant. The petition alleged the plaintiff was importing and offering for sale a chemical called "Estradoil," and that the defendant had notified the plaintiff's customers that the chemical infringed the defendant's patent. A year prior to the action, the defendant had published a notice in a trade journal stating that a certain patent had been issued to it which covered the chemical known as "Estradoil," and that any use of the …

Go to article

Exemptions - Loss Of Homestead Exemption, Felicia I. Hmiel May 1941

Exemptions - Loss Of Homestead Exemption, Felicia I. Hmiel

Michigan Law Review

Due to inability to make a living, the defendant and his family left their homestead in 1932 with the intention of re-occupying it as soon as they secured enough money to buy the necessary equipment to maintain themselves on the farm. In October, 1937, a judgment was recovered by plaintiff against defendant, execution was issued and levy made on the still vacant homestead, and a date of sale set for June, 1939. Defendant claimed homestead exemption. Held, that since it did not appear when, if ever, defendant would return to the homestead, the removal and seven years' absence was …

Go to article

Trade Restraints - Associations Of Manufacturers To Combat Style Piracy - Illegal Restraints Of Trade, Michigan Law Review May 1941

Trade Restraints - Associations Of Manufacturers To Combat Style Piracy - Illegal Restraints Of Trade, Michigan Law Review

Michigan Law Review

In order to combat the practice of "style piracy" among competitors, a large number of producers of women's coats and dresses formed an association, whose membership was composed of designers, manufacturers, and distributors. Producers adjudged copyists by the association were not permitted membership. The clear purpose of the association was primarily to boycott retailers who refused to deal solely with members of the association, and secondarily to boycott, and eliminate competition from, the copyists. In addition there was provided a system of registration for designs made by members, and a judicial type of machinery for protecting the designers' interest therein. …

Go to article

Trusts - Rights Of Successive Beneficiaries To Corporate Stock Dividends - Ordinary And Extraordinary Dividends, John C. Johnston May 1941

Trusts - Rights Of Successive Beneficiaries To Corporate Stock Dividends - Ordinary And Extraordinary Dividends, John C. Johnston

Michigan Law Review

Testatrix died in March, 1935 leaving 5,471 shares of N corporation stock in two trusts with directions that a portion of the income therefrom should be paid to her son during his life with remainder over to another. At the time of testatrix' death the N corporation had a large surplus, and had been paying regular quarterly dividends from current income. From April, 1935 to December, 1937 these quarterly dividends were continued at one dollar per share less than was customary, but because of business conditions they were paid partly from the surplus which had accumulated prior to the death …

Go to article

Wills - Provisions For Construction Of The Will By Umpire Named By Testator, Alfred I. Rothman May 1941

Wills - Provisions For Construction Of The Will By Umpire Named By Testator, Alfred I. Rothman

Michigan Law Review

Testatrix created a trust and bequeathed one-fifth of the income to her son W and to S, his wife, with a proviso that if S survived her husband such income should not be paid to her in case she remarried. S divorced Wand remarried. Under a clause in the will giving them the power to determine with finality any question as to the construction or administration of the will, the executors and trustees construed the will to mean that S was not to receive any further share of the income, that testatrix would consider the divorce and remarriage during …

Go to article

Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman May 1941

Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman

Michigan Law Review

Pursuant to section 43 of the city charter, the City Council of New York appointed a special committee to investigate charges of negligence and maladministration in the treatment of patients at Lincoln Hospital. Subpoenas duces tecum were served upon the commissioner of hospitals and upon the medical superintendent of Lincoln Hospital requiring the production of hospital records, including case records relating to certain named patients. The commissioner refused to produce any of the case cards or records, justifying his position on the ground that the physician-patient privilege was applicable to legislative investigations. The New York Civil Practice Act, section 354, …

Go to article

Monthly Periodical Index, Michigan Law Review May 1941

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-five leading law reviews.

Go to article

Statutes - Unincorporated Association As A "Person" Under The Liquor And Sales Acts, Felicia I. Hmiel May 1941

Statutes - Unincorporated Association As A "Person" Under The Liquor And Sales Acts, Felicia I. Hmiel

Michigan Law Review

In 1939 the International Workers Order, an unincorporated association, had a picnic and dispensed beer through its secretary to its members without charge. The association had not obtained a license to sell beer. The secretary, defendant herein, was arrested and tried for violation of the Liquor Control Act, which made it a misdemeanor for a person to sell liquor without a license. Held, that an unincorporated association is not a person within the meaning of the statute, and therefore there was no sale. People v. Budzan, 295 Mich. 547, 295 N. W. 259 (1940).

Go to article

Book Notes, Michigan Law Review May 1941

Book Notes, Michigan Law Review

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and matters closely related thereto.

Go to article

Founders Day, Michigan Law Review Apr 1941

Founders Day, Michigan Law Review

Michigan Law Review

The sixteenth annual celebration in honor of William W. Cook, founder of the Lawyers Club of the University of Michigan and donor of all buildings on the Law Quadrangle, will be held on Friday, April 25, 1941.

Go to article

Douglas On Democracy And Finance -- A Review, Arthur A. Ballantine Apr 1941

Douglas On Democracy And Finance -- A Review, Arthur A. Ballantine

Michigan Law Review

A book by a Justice of the Supreme Court of the United States would be important under any circumstances. Such a publication is of special significance when its author is the youngest member of the Court, with many years of service ahead, and is endowed with unusual character, ability and earnestness of purpose. In these days of change such a book supplies valuable insight into the mental processes and attitude that will enter deeply into the shaping of our institutions.

Go to article

Bankruptcy - Amenability Of Farmers' Marketing Co-Operatives To Involuntary Proceedings, Kenneth J. Nordstrom Apr 1941

Bankruptcy - Amenability Of Farmers' Marketing Co-Operatives To Involuntary Proceedings, Kenneth J. Nordstrom

Michigan Law Review

Creditors of the Wisconsin Cooperative Mille Pool filed a petition asking that the milk pool be adjudicated an involuntary bankrupt. This co-operative association was organized under Wisconsin statutes to operate on a nonstock, nonprofit basis as the exclusive marketing agent for its members. The pool also marketed the products of patrons who were not members of the pool; however, sixty-five per cent of its patrons were active members. Held, the association was not a "moneyed, business, or commercial corporation" and hence was not amenable to adjudication as an involuntary bankrupt/ despite the fact that it was engaged in business …

Go to article

Bankruptcy - Rights Of Trustee As Against Mortgagee Under Mortgage Containing After-Acquired Property Clause, Charles D. Johnson Apr 1941

Bankruptcy - Rights Of Trustee As Against Mortgagee Under Mortgage Containing After-Acquired Property Clause, Charles D. Johnson

Michigan Law Review

A mortgage, containing an after-acquired property clause which described specifically many kinds of property which should pass under it when acquired, was given to bondholders as part of a refunding mortgage. Several mortgages were subsequently executed to the mortgagees covering some of the after-acquired property. After the intervention of bankruptcy a dispute arose between the mortgagees and the trustee over the right to possession of certain property not covered by the later mortgages and in the possession of the bankrupt at the time of the adjudication. Held, under section 47a(2) of the Bankruptcy Act, the trustee takes the property …

Go to article

Constitutional Law - Validity Of State Use Tax On Mail Order Sales Of Foreign Corporation, Michigan Law Review Apr 1941

Constitutional Law - Validity Of State Use Tax On Mail Order Sales Of Foreign Corporation, Michigan Law Review

Michigan Law Review

The respondent, a New York corporation licensed to do retail business in Iowa, did a large mail order business there also. Iowa customers sent orders by mail to the company's warehouses located outside that state, and the merchandise was shipped directly to the purchaser. On these mail order sales the company neither collected from its customers, nor paid to the state, the Iowa use tax. The petitioner, chairman of the state tax commission, threatened to cancel the respondent's license as a retailer and its permit to do business in Iowa unless such use tax were paid. Respondent obtained an injunction …

Go to article

Federal Courts - Federal Rules Of Civil Procedure - Rule 12(E) - Motion For Bill Of Particulars, Oliver B. Crager Apr 1941

Federal Courts - Federal Rules Of Civil Procedure - Rule 12(E) - Motion For Bill Of Particulars, Oliver B. Crager

Michigan Law Review

The United States brought an action against defendants, movie distributors and producers, for alleged conspiracies and monopolies in violation of the Sherman Anti-Trust Act. Defendants moved for a more definite statement or a bill of particulars under federal rule 12 (e). Held, bill of particulars allowed as to demands seeking ultimate facts, denied as to demands seeking evidentiary matter. United States v. Schine Chain Theatres, (D. C. N. Y. 1940) 1 F. R. D. 205.

Go to article

Principal And Surety - Discharge Of Surety For A Lessee By Assignment Of The Lease, H. Martin Peckover Apr 1941

Principal And Surety - Discharge Of Surety For A Lessee By Assignment Of The Lease, H. Martin Peckover

Michigan Law Review

Lands set aside by statute as common property of the Chickasaw and Choctaw Indian tribes were, pursuant to an act of Congress, leased to one Gunther by mining trustees of the tribes. The lease contained covenants to pay "stipulated annual advance royalties," and also provided that no assignment should be made without the consent of the trustees "subject to the approval of the Secretary of the Interior." Defendant surety company executed a bond for the faithful performance of the terms of the lease, and the same was duly approved. Then Gunther, with the consent of the trustees, but not the …

Go to article

Contracts - Right Of Donee Beneficiary, Michigan Law Review Apr 1941

Contracts - Right Of Donee Beneficiary, Michigan Law Review

Michigan Law Review

Defendant contractor was engaged by the city of Duluth to do sewer construction work contemplating excavation in solid rock with heavy charges of explosives. The contract made defendant "liable for any damage done to private property and injuries sustained by persons" in the course of its work. Plaintiff's nearby land was damaged by defendant's blasting operations. Held, that plaintiff, a mere donee beneficiary, was entitled to recover, although he was not a party to the contract, had furnished no consideration, and was not identified at the time the contract was made. La Mourea v. Rhude, (Minn. 1940) 295 …

Go to article

Trade Marks And Trade Names - Unfair Competition - Restrictions On Use Of Personal Name, Reed T. Phalan Apr 1941

Trade Marks And Trade Names - Unfair Competition - Restrictions On Use Of Personal Name, Reed T. Phalan

Michigan Law Review

For many years plaintiff and its predecessors used the name "Dougherty's" in marketing straight whiskey throughout the United States. In 1939 defendant, Edwin L. Dougherty, began selling blended whiskey in Pennsylvania, likewise using the name "Dougherty's," to dominate his labels, and in 1940, pursuant to a previously formed intention, plaintiff began selling blended whiskey under the same name. Plaintiff brought an action to enjoin defendant's use of the name "Dougherty's." Held, through plaintiff's prior use, the name "Dougherty's" had come to be associated by the purchasing public with plaintiff's whiskey; therefore defendant's use of the same name to dominate …

Go to article

Monthly Periodical Index, Michigan Law Review Apr 1941

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-five leading law reviews.

Go to article

Book Notes, Michigan Law Review Apr 1941

Book Notes, Michigan Law Review

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and matters closely related thereto.

Go to article

Wills - Construction - Limitation Of Defeasance Clause, Herbert R. Whiting Apr 1941

Wills - Construction - Limitation Of Defeasance Clause, Herbert R. Whiting

Michigan Law Review

Testatrix died leaving as her only heirs at law and next of kin a son, Thomas, and a grandaughter, Malinda, to whom she devised her estate in approximately equal shares. At the time she executed her will Thomas was twenty-two years of age and unmarried and Malinda was eleven. The principal case turns on the construction of a clause in her will, devising a parcel of land to Malinda, which reads as follows: "I give and bequeath ... the same to the said Malinda McK. Young and her children but if the said Malinda McK. Young shall die before she …

Go to article

Trusts - Investment Of Trust Funds In The Securities Of Private Corporations, Felicia I. Hmiel Apr 1941

Trusts - Investment Of Trust Funds In The Securities Of Private Corporations, Felicia I. Hmiel

Michigan Law Review

The trustees of a charitable trust established for the erection and maintenance of a hospital sued the state attorney general as a representative of an unnamed class of beneficiaries to secure the approval of certain investments of the trust fund. The transactions in question were investments in the common and preferred stocks of private corporations. Held, the trustees had authority to invest in the common and preferred stocks of private corporations provided they exercised a reasonable degree of care under the circumstances. Rand v. McKittrick, (Mo. 1940) 142 S. W. (2d) 29.

Go to article

Criminal Law And Procedure - Remedies Available To Convicted Defendant When New Facts Are Found, Smith Warder Apr 1941

Criminal Law And Procedure - Remedies Available To Convicted Defendant When New Facts Are Found, Smith Warder

Michigan Law Review

Due to its haphazard growth and evolution, the Anglo-American system of jurisprudence occasionally left gaping defects in its general contours. Many of these defects have been and are being filled, both by statute and by the continuing development of the common law. However, there is one case which re-occurs with distressing frequency where no satisfactory remedy has been developed and where this lack of remedy can have unjust or even barbaric results.

Go to article

Slander Of Title - Nature Of The Action - Statute Of Limitations, Herbert R. Whiting Apr 1941

Slander Of Title - Nature Of The Action - Statute Of Limitations, Herbert R. Whiting

Michigan Law Review

Plaintiff brought an action to recover damages occasioned by certain letters, alleged to be false and malicious, written by the defendant of and concerning the title to plaintiff's property. Since the letters were written more than one year prior to the commencement of the action, defendant argued that the action was barred by a clause in the local statute of limitations providing that "actions for libel and slander shall be commenced within one year after the cause of action shall have accrued." On the other hand the plaintiff asserted that the case came under the statute's two-year limitation of actions …

Go to article

Should The Power Of The Federal Government Be Increased?, Donald R. Richberg Apr 1941

Should The Power Of The Federal Government Be Increased?, Donald R. Richberg

Michigan Law Review

This question, in its broadest aspect, may call for an opinion as to whether the power of the federal government, delegated and limited by the Constitution, should be enlarged by constitutional amendment. The question, more narrowly construed, may be whether the federal government should extend the exercise of its present, delegated powers over more subjects of regulation and into more detailed controls of American life and work.

Go to article

First Prev Next Last